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GENE & GENE, L.L.C. v. BIOPAY, L.L.C.

No. 09-31191.

624 F.3d 698 (2010)

GENE & GENE, L.L.C., Individually and as Representative of the Class, Plaintiff-Appellee, v. BIOPAY, L.L.C., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 22, 2010.

Attorney(s) appearing for the Case

John Powers Wolff, III, Christopher Keith Jones, Keogh, Cox & Wilson, Ltd., Philip Bohrer (argued), Bohrer Law Firm, Keith D. Jones, Baton Rouge, LA, for Plaintiff-Appellee.

David Boies Sharpe (argued), Miles Channing Thomas, Scott R. Wheaton, Jr., Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Defendant-Appellant.

Before CLEMENT, SOUTHWICK and HAYNES, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

In this second interlocutory appeal pursuant to Rule 23(f) of the Federal Rules of Civil Procedure, BioPay, L.L.C. (BioPay) challenges the district court's grant of Gene & Gene, L.L.C.'s (Gene) motion to re-certify a class. As in the first interlocutory appeal, Gene & Gene LLC v. BioPay LLC, 541 F.3d 318 (5th Cir.2008) (BioPay I), we REVERSE and REMAND.

I. BACKGROUND...

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